Stocks were higher on Tuesday, with the S&P 500 back above the 2,000 in early trade after mixed economic data.

The Dow was up 42 points, the S&P 500 was up 3 points, and the Nasdaq was up 3 points.

Earlier on Tuesday, the latest report on durable goods orders showed orders rose 22.6% in July, a new record increase for the index. This number was largely influence by a surge in aircraft orders during July, which some analysts attributed to the London Farnborough Airshow held in July.

The S&P Case-Shiller home price index declined for the second straight month, and for the first time February 2008, all cities in the 20-city index showed lower annual rates than the previous month.

The Richmond Federal Reserve's latest manufacturing report came in at a 12 for the headline composite reading, better than the 7 that was expected by economists.

Burger King and Tim Horton's officially announced their plan to merge in a deal that will create a new company based in Canada. The deal has also recieved a $3 billion financing commitment from Warren Buffett, and the new combined company will be 51% owned by 3G Capital, which currently own 70% of Burger King.